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Descarca catalogul - ALB

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administration bodies, employers’ associations and trade unions of national importance, public<br />

utility associations and foundations, by foreign governments, international organisations and nonprofit<br />

and charitable organisations, through donations or directly, via non-reimbursable grants, as<br />

well as within scientific and technical cooperation programmes;<br />

c) are seized or transferred, by law, to the property of the state and given, free of charge, in<br />

accordance with the legal provisions in force;<br />

d) are intended for sports competitions, as defined by the laws in force;<br />

(2) For vehicles equipped with diesel engines and particle filters, as confirmed by the “Romanian<br />

Car Registry” Autonomous Administration, the tax amount is reduced by 25%.<br />

Article 9 - (1) The tax amount may be disputed when the person registering or transcribing the<br />

title to property of a used motor vehicle can prove that the vehicle in question has depreciated to an<br />

extent greater than the one indicated by the grid provided in annex No. 4.<br />

(2) The assessment of the depreciation level will be conducted on the basis of the elements taken<br />

into account when establishing the reduction rate provided in Article 6, paragraph (4).<br />

(3) In case of dispute, the used car characteristics, provided under paragraph (2), are established,<br />

at the request of the taxpayer, via a technical expertise conducted by the “Romanian Car Registry”<br />

Autonomous Administration, for a fee, according to the procedure stipulated by the rules for the<br />

enforcement of this law.<br />

(4) The technical expertise fee is determined by the “Romanian Car Registry” Autonomous<br />

Administration depending on the technical expertise operations required and cannot exceed the<br />

cost thereof.<br />

(5) The results of the technical expertise are recorded in a document issued by the “Romanian Car<br />

Registry” Autonomous Administration, which includes the information corresponding to each of<br />

the items mentioned in paragraph (2), as well as the resulting reduction rate.<br />

(6) The document on the results of the technical expertise, issued by the “Romanian Car Registry”<br />

Autonomous Administration, shall be submitted by the taxpayer to the relevant tax authorities.<br />

(7) When the relevant tax authority gets the document mentioned in paragraph (6), it shall recalculate<br />

the due amount representing the tax, which may result in the reimbursement of the difference, as<br />

paid upon registration or transcription of the title to property of a used motor vehicle.<br />

(8) If duly justified, the tax authority may request a second opinion.<br />

Article 10 - The relevant tax authority shall ascertaining, check, collect and settle the tax-related<br />

disputes regarding the amounts due by taxpayers, according to the provisions of the Government<br />

Ordinance No. 92/2003 on the Code of Fiscal Procedure, as republished and as subsequently<br />

amended and completed.<br />

Article 11 - Any taxpayer who is dissatisfied with how a dispute is resolved may approach the<br />

courts that handle contentious matters and that have the appropriate jurisdiction under the law.<br />

Article 12 - (1) If the motor-vehicle pollution tax paid by taxpayers as of 1 July 2008 and up until<br />

124<br />

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11/5/2012 9:22:10 AM

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